Is it permitted to change the legal representative concurrently when registering a change in the type of enterprise?
At Article 26 of Decree 01/2021/ND-CP on enterprise registration, there are regulations on enterprise registration dossiers in cases of conversion of enterprise types. To be specific: Clause 5 regulates the change of enterprise type in combination with the change of the legal representative. To be specific:
Enterprises can register to convert the type of enterprise and simultaneously register to change the content of enterprise registration, and notify the change of enterprise registration content. In this case, the enterprise registration dossier is implemented in accordance with the provisions of Clauses 1, 2, 3, and 4 of this Article.
In case an enterprise registers to convert the type of enterprise simultaneously with the change of the legal representative, the signer of the dossier is the Chairman of the Members' Council for a limited liability company with two or more members or a partnership; the Chairman of the Company or the Chairman of the Members' Council for a single-member limited liability company; the Chairman of the Board of Directors for a joint-stock company of the company after conversion.
=> Thus, according to the above-mentioned regulations, the law allows the submission of dossiers for conversion of enterprise type along with dossiers for changing the legal representative together.
Sincerely.









